HomeMy Public PortalAbout1998_11_04SPECIAL MEETING OF THE TOWN COUNCIL OF NOVEMBER 4, 1998
A special meeting of the Leesburg Town Council was held on Wednesday, November 4,
1998 at 4:00 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20175,
Municipal Government Center. Notice having been delivered to all members of the Leesburg
Town Council prior thereto. The purpose of the meeting was to consider #ZM-151 and Special
Exception Application #SE 96-08 by Cornerstone Chapel and to discuss the acquisition of real
property. The meeting was called to order by Mayor James E. Clem.
COUNCILMEMBERS PRESENT
Frank Buttery (absent)
Leonard McDonald
Joseph R. Trocino
Kfisten C. Umstattd
B. J. Webb
Bob Zoldos
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown
Director of Planning, Zoning and Development Michael Tompkins
Chief of Plan Review Paul Gauthier
Chief of Comprehensive Planning Jerry Mucci
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
Mr. Eric Zicht, representing the applicant Cornerstone Chapel, addressed the Council providing a
synopsis of the application and addressing the matrix provided in the staff report.
Vice Mayor Webb pointed out that the applicant does not feel it is equitable to do the ~:~:mtage
improvements. Ms. Webb asked, if the applicant, Cornerstone Chapel, does not do them -
obviously somebody has to, so who is it fair and equitable to, to pick up the cost of development
of this property if it is not the person who develops it?
Mr. Zicht stated, he does not see it as related to the development of this property. The lanes in
question are required whether this property develops or not. "There are 28,000 vehicles a day
projected for Battlefield Parkway. We are a share of that but the people that use the church pay
gasoline taxes too and that is where some of that is supposed to come from."
Mayor Clem stated, High Point is a prime piece of property and the proffers run with the land
whoever owns the property. He expressed concern with what could happen if the proffers are
amended. Churches are now building schools and day care facilities for a profit. Mayor Clem
stated there a~e many opportunities that can be looked at, such as phasing. He urged the Council
to look at all the issues relating to this site and suggested scheduling another special meeting to
discuss this matter.
Councilmember Trocino stated, there is a compromising here, as well as some important
principals that need to be looked at. "One of the important pillars of American democracy is the
Jefferson Statute on religious freedom which is a part of our commonwealth's laws to this
moment. In that statute it is stated, that we should not be in a place where we unreasonably
weigh down religious institutions. I want to have no part, as an individual, in suppressing a
religious institution."
Vice Mayor Webb stated she does not want an unfair burden placed on the taxpayers of this
community who do not attend or belong to Cornerstone Chapel.
Councilmember Zoldos stated, he assumes
property before purchasing the property.
necessary improvements.
the applicant was aware of the proffers of this
He urged the applicant to consider phasing the
Councilmember Umstattd stated, this is a down-zoning to a less intensive use, therefore, it is
proper that the proffers are amended to a less intensive use as well. Churches should be a bi-
right use. Ms. Umstattd agreed with Councilmember Trocino's comments regarding freedom of
religion.
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Mr. Steve Stockman addressed the Council providing additional comments in support of the
applicant.
Mr. Gauthier encouraged phasing the improvements based on the ultimate design.
This matter was referred to a special meeting of the Town Council on November 17, 1998.
MOTION:
Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg
Town Council convene in Executive Session. The authority for this Executive Session is found in
Section 2.1-344 (a), Subsection (3) of the 1950 Code of Virginia, as amended. The purpose of this
Executive Session is to discuss the acquisition of real property.
VOTE:
Aye: Councilmembers McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Buttery
MOTION: On n~otion of, and duly seconded, the following resolution was proposed and
adopted.
98-248 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF NOVEMBER 4, 1998
WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened
in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town
Council and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE 1T RESOLVED that the Leesburg Town Council does hereby
certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters
as were identified in the Motion by which the said Executive Session was convened were heard,
discussed or considered by the Leesburg Town Council.
VOTE:
Aye: Councilmembers McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Buttery
On motion of, and duly seconded, the meeting was adjourned.
Clerk of Council
J~fies E. Clem, Mayor